Should sex workers be given immunity to report crimes?

Rep. Edith Ajello, a Providence Democrat, explains her bill that would would provide immunity for sex workers who witness certain crimes before the House Committee on Judiciary on June 4, 2024. To her left is Rep. David Bennett, a Warwick Democrat. (Screenshot/Capitol TV)

A bill that would provide immunity for sex workers who witness certain crimes is advancing to the House floor, but not without some concerns from state and national advocacy groups.

The House Judiciary Committee on Tuesday voted 10-0 to advance the bill sponsored by Rep. Edith Ajello, a Providence Democra. Ajello told the committee, of which she is a member, the legislation would allow sex workers to report a crime without the possibility of themselves spending up to one year in prison for prostitution — a law that’s been on the books since 2009 .

“It also would allow a sex worker who was a victim of a crime perpetrated by would-be john — perhaps robbed, or perhaps beaten, or perhaps both — it would make that individual able to report the crime and the crime be prosecuted,” Ajello told the committee.

Democrats Julie Casimiro of North Kingstown, Cherie Cruz of Pawtucket, Arthur Corvese of North Providence, Leonela Felix of Pawtucket, and Thomas Noret of Coventry were not present for the House Judiciary Committee’s vote. No official floor vote was scheduled as of Wednesday afternoon, said House spokesperson Larry Berman.

Companion legislation is sponsored in the Senate by Sen. Melissa Murray, a Woonsocket Democrat. Murray’s bill was held for further study by the Senate Judiciary Committee on April 4, as is standard practice when legislation is first heard.

Sex workers are at high risk of becoming the victims of a crime and may be likely to become aware of a crime. But ACLU of Rhode Island Executive Director Steven Brown said they may not report criminal activity out of fear of going to jail themselves.

“So they’re afraid to speak out,” he said.

Brown added that local police departments do have the discretion to not charge a sex worker for prostitution, but there is not much consistency.

“It doesn’t really solve the problem — things can change at any time,” Brown said.

But while national and statewide advocacy groups favor more protections for Rhode Island’s sex workers, many said Ajello’s legislation still needs to be tweaked. Before the House Judiciary Committee convened Tuesday, the National Center on Sexual Exploitation (NCOSE) released a legal analysis claiming the bill has a loophole that could also protect traffickers from prosecution.

Benjamin Bull, the center’s general counsel, wrote that the existing language in the bill would give immunity to any person who “witnesses” or “becomes aware that another person was a victim of a crime.” That wording could allow a pimp or trafficker to claim awareness that a person involved in prostitution was the victim of a crime and get off the hook for engaging in said trafficking, Bull claimed.

“In short, the underscored quoted language currently in the bill — gives bad actors a ‘get out of jail free card’ for no good purpose,” he wrote.

The center, along with Providence-based COYOTE RI , have called on lawmakers to narrow down the language.

Bella Robinson, executive director of COYOTE RI, a coalition of current and former sex workers advocating for a safer industry, recommends the language be specified to witnesses or victims of rape, abuse, trafficking, and child pornography.

“When you just list any crimes, it means someone can say you can’t even counter because we’ll just call the cops and say you’re a prostitute and we get immunity,” she said in an interview Wednesday morning.

Robinson also pointed to a line noting that immunity would be granted to sex workers if they report a crime to law enforcement “in good faith.”

“And who do you think is going to determine what ‘good faith’ is?” she said. “The cops and prosecutors.”

Robinson said she would also like to see the immunity rules apply to spa workers and clients of sex workers.

“In industries like hospitality where trafficking is more prevalent than the sex industry, anti-trafficking efforts have a strong focus on outreach to customers,” Robinson and four other members of her coalition wrote to the House Judiciary Committee June 3 . “Trafficking victims are isolated and may take time to build enough trust with a client to start to confide in them about their situation.”

“Any serious attempt to stop sex trafficking must include allowing reports by those most likely to encounter sex trafficking victims,” the written testimony continued.

Ajello could not be reached for immediate comment Wednesday afternoon.

Should the General Assembly pass Ajello’s legislation, Rhode Island would become the third New England state to grant sex workers immunity in order to report a crime. Vermont and New Hampshire approved such protections in 2021, noted National Center on Sexual Exploitation spokesperson Kelly Oliver.

“NCOSE did not oppose because they were narrow and police were positive about the proposals,” Oliver said in an email. “In RI, the police do not like this bill either.”

Rhode Island Police Chiefs Association Executive Director Sidney Wordell said his association does indeed take issue with the legislation, saying immunity for sex workers should be handled on a case by case basis by the Rhode Office of the Attorney General.

Attorney General Peter Neronha’s office has not taken a stance on this specific legislation, said spokesperson Brian Hodge.

“The Attorney General has not taken a formal position on this bill, but has long been clear that the Office’s prosecutorial focus is squarely fixed on those perpetrating human trafficking and johns, rather than sex workers themselves,” Hodge said in an email.

This story was updated to include additional comment from COYOTE RI Executive Director Bella Robinson.

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